Current through Register Vol. 63, No. 9, September 1, 2024
(1) To be
eligible for HSD Medical Programs, an individual must be a resident of
Oregon.
(2) An individual is a
resident of Oregon if the individual lives in Oregon except:
(a) An individual 21 years of age or older
who is placed in a medical facility in Oregon by another state is considered to
be a resident of the state that makes the placement if:
(A) The individual is capable of indicating
intent to reside; or
(B) The
individual became incapable of indicating intent to reside after attaining 21
years of age (see section (c) of this part).
(b) For an individual less than 21 years of
age who is incapable of indicating intent to reside or an individual of any age
who became incapable of indicating that intent before attaining 21 years of
age, the state of residence is one of the following:
(A) The state of residence of the
individual's parent or legal guardian at the time of application;
(B) The state of residence of the party who
applies for benefits on the individual's behalf if there is no living parent or
the location of the parent is unknown, and there is no legal
guardian;
(C) Oregon, if the
individual has been receiving medical assistance in Oregon continuously since
November 1, 1981, or is from a state with which Oregon has an interstate
agreement that waives the residency requirement;
(D) When a state agency of another state
places the individual, the individual is considered to be a resident of the
state that makes the placement.
(c) An individual is presumed to be incapable
of indicating intent to reside if the individual falls under one or more of the
following:
(A) The individual is assessed
with an IQ of 49 or less based on a test acceptable to the Authority;
(B) The individual has a mental age of seven
years or less based on tests acceptable to the Authority;
(C) The individual is judged legally
incompetent by a court of competent jurisdiction;
(D) The individual is found incapable of
indicating intent to reside based on documentation provided by a physician,
psychologist, or other professional licensed by the State of Oregon in the
field of intellectual disabilities.
(3) There is no minimum amount of time an
individual must live in Oregon to be a resident. The individual is a resident
of Oregon if:
(a) The individual intends to
remain in Oregon; or
(b) The
individual entered Oregon with a job commitment or is looking for
work.
(4) An individual
is not a resident if the individual is in Oregon solely for a
vacation.
(5) An individual
continues to be a resident of Oregon during a temporary period of absence if
they intend to return when the purpose of the absence is completed.
Statutory/Other Authority: ORS
411.402,
411.404,
413.042 &
414.534
Statutes/Other Implemented: ORS
411.400,
411.402,
411.404,
411.406,
411.439,
411.443,
413.032,
413.038,
414.025,
414.231, 414.447,
414.534,
414.536 &
414.706
